Why the Supreme Court was Right Last Week to Deny Review of the Pennsylvania Supreme Court Decisions Handed Down Prior to the 2020 Election

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois Law dean Vikram David Amar and professor Jason Mazzone argue that the U.S. Supreme Court correctly denied review last week of the Pennsylvania Supreme Court decisions handed down before the 2020 election. Dean Amar and Professor Mazzone explain why the majority denied review and point out that the dissenting opinions unwittingly demonstrate the rightness of the majority.

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Vermont v. Blanchard

Citation: 2021 VT 13

Opinion Date: March 5, 2021

Judge: Beth Robinson

Areas of Law: Constitutional Law, Criminal Law

Defendant Jospeh Blanchard was convicted by jury for criminal threatening and impeding a public officer. The charges arose after a dark and rainy night in April 2018, when a police officer pulled defendant's car over with a burned-out passenger-side headlight. Defendant asked the officer why he was pulled over, and whether he was suspected of a crime. After some back and forth in which defendant asserted that there was no reason to stop him, defendant gave the officer his license, insurance and car registration papers. Upon reviewing the registration and insurance documents, the officer observed both were out-of-date, with the registration expiring in 2016. Defendant told the officer he did not have to have registration or insurance and that it was his constitutional right to travel, and he asked to speak with the officer's supervisor. Upon the supervisor's arrival, and after speaking with defendant for approximately thirty-seven minutes, both officers informed defendant they were going to ground his vehicle in the parking lot because of his defective equipment and outdated registration and insurance. Defendant resisted, stating he would defend himself, and claimed he had an AR-15 rifle in the car. The supervisor testified defendant did not appear to be joking and that he believed he was in jeopardy. After several more minutes of the supervisor telling defendant that he could not drive the car and defendant responding that he could and that he had not committed a crime, defendant attempted to open the driver’s-side door to his car. The supervisor pushed the door closed before defendant could get back in. In this time, two other officers arrived at the scene. Defendant again attempted to open the door; the supervisor pushed the door shut and placed defendant under arrest for impeding an officer. On appeal, defendant argued insufficient evidence was presented to support his conviction, and that the jury instructions in impeding an officer were impermissibly vague and overbroad and failed to guarantee unanimity. Finding no reversible error, the Vermont Supreme Court affirmed defendant's conviction.